The statute of frauds is the general name for each state’s statute (law) that requires certain contracts to be in writing—or to have a written memorandum that records the essential elements of the agreement—in order to be enforceable. Statutes of fraud are an exception to the general rule that verbal or oral contracts are just as enforceable as written contracts. Statutes of fraud are designed to prevent fraud and perjury (lying under oath) in transactions that are especially susceptible to fraud.
Statutes of fraud vary from state to state, but generally include (1) contracts for the sale or lease of real estate (land); (2) contracts that cannot be performed within one year from the date of the contract’s formation—such as a two-year employment contract; (3) loan agreements in excess of a certain amount; (4) contracts involving engagement promises (return of engagement rings), marriage (prenuptial agreements), or cohabitation (support, responsibilities) and post-cohabitation support (palimony); (5) contracts for the sale of goods above a certain amount (often $500); (6) promises to pay an estate’s debt from the personal funds of the executor; and (7) contracts in which one person agrees to pay the debt of another person.
In Iowa, the statute of frauds is codified under Iowa Code Section 622.32 and other related sections. This law requires certain types of contracts to be in writing to be enforceable. Specifically, it includes contracts for the sale or transfer of real estate, agreements that cannot be completed within one year, and contracts for the sale of goods priced at $500 or more, which aligns with the Uniform Commercial Code (UCC) Section 2-201. Additionally, Iowa law requires written agreements for loan contracts over a certain amount, although the specific threshold may vary. Contracts related to marriage, such as prenuptial agreements, must also be in writing. The statute of frauds in Iowa serves to prevent fraudulent claims and misunderstandings in significant transactions by requiring a clear, written record of the agreement's terms.